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U.S. Supreme Court hears St. Isidore case, could result in tie

By: Erin Christy

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WASHINGTON, D.C. — Will Oklahoma have the nation’s first taxpayer-funded religious charter school this fall?

It’s the question taken to the U.S. Supreme Court as justices began hearing oral arguments on April 30 in what is expected to be a landmark decision.

With Justice Amy Coney Barrett recusing herself, the future of St. Isidore of Seville Catholic Charter School is in the hands of eight justices.

After oral arguments, Attorney General Gentner Drummond, whose office is arguing the school is unconstitutional, told reporters the conservative-leaning court could potentially be deadlocked.

“I think the court is split,” said Drummond. “How it’ll break down, 4-4, 5-3, I don’t know, but clearly identifying different factions.”

A tie would keep in place the Oklahoma Supreme Court decision that St. Isidore’s contract violates state laws and the state constitution.

Drummond argues St. Isidore would be a government entity, subject to regulation, curriculum oversight. While public schools can not discriminate against students and staff based on sexual orientation, disabilities, or religion, Drummond says St. Isidore plans to operate differently.

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Attorneys representing St. Isidore argue that denying the school the opportunity to open as a public charter school constitutes discrimination.

“The problem with Oklahoma law is that it tells religious groups—and religious groups alone—they can’t be a part of the program,” said Jim Campbell, attorney at Alliance Defending Freedom.

Supporters on both sides met outside the court, including Governor Kevin Stitt, who wants the school to open. He views it as an extension of choice for parents.

“The fact that these people [opponents] say it’s indoctrinating young people is the dumbest argument I've heard, because you don’t have to send your kids to the charter school,” he said.

For other parents like Erika Wright, it’s about taxpayers funding a religious school.

Wright, along with other parents and leaders of various faiths, met in Tulsa to publicly voice their opposition to the school.

Wright is also the founder of Oklahoma Rural Schools Coalition and says small schools are already struggling with money.

“[St. Isidore] robs money away from brick and mortar schools that are the heartbeat of our community, and, frankly, the driver of our economy in the state of Oklahoma,” she said.

She and the other speakers filed a separate lawsuit seeking to stop Oklahoma from funding St. Isidore.